Patna High CourtCWJC/4361/2017disposed

Gangadhar Yadav v. The State Of Bihar And ORS

2017-08-09Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4361 of 2017 =========================================================== Gangadhar Yadav, Son of Late Shiv Narayan Yadav, Resident of Chakkadih, Police Station- Banka, District- Banka.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Food & Supply, Govt. of Bihar, Patna.

3. The District Magistrate, Banka.

4. The Sub-Divisional Officer, Banka.

5. The Block Supply Officer, Block- Banka, District- Banka. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda, Adv. For the Respondent/s : Mr. Arvind Ujjwal-SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 09-08-2017 Heard learned counsel appearing for the parties. In this case, the petitioner is challenging the order dated 03.02.2017 passed by the Sub-Divisional Officer, Banka, whereby and whereunder he has cancelled the P.D.S. licence of the petitioner. A proceeding for cancellation of P.D.S. licence was initiated and the petitioner was served the copy of the show-cause for giving reply. After proper consideration, the order has been passed, cancelling the P.D.S. licence of the petitioner. The order itself shows that statements made by different consumers having been recorded in the order. This Court is not giving any opinion on the merit of the case, but giving liberty to the

Patna High Court CWJC No.4361 of 2017 dt.09-08-2017 2/2 petitioner to file an appeal before the appellate authority as there is provision of appeal against the order of the Sub-Divisional Officer. If such an appeal is filed, the appellate authority will dispose of the same within a period of four months from the date of filing of appeal by the petitioner. While deciding the question of limitation, the appellate authority will consider the pendency of this case before this Court.

With the aforesaid observations and directions, this writ application is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

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